This ten-point declaration calling for the end of criminal prosecutions for HIV non-disclosure, exposure and unintentional transmission was drafted on February 13, 2012 by a group of advocates and academics in Oslo, Norway.
The declaration outlines key problems with HIV criminalization - including the stigmatizing effect of singling out HIV from other communicable diseases; the potential of HIV-specific laws to deter people from engaging in health care; the absence of a malicious intent requirement in these laws; and their negative impact specifically on women - and includes considerations for limiting the application of the criminal law in HIV-related cases.
The declaration's drafting was prompted by, and timed with, a High Level Policy Consultation on the Science and Law of the Criminalisation of HIV Non-disclosure, Exposure and Transmission, convened on February 14-15, 2012 by the Government of Norway and the Joint United Nations Programme on HIV/AIDS (UNAIDS). The convening provided a forum in which policymakers and other stakeholders could consider relevant scientific, medical, public health and legal research in evaluating current laws and policies regarding the criminalization of HIV non-disclosure, exposure and transmission, and consider alternative approaches. The background paper for this meeting was drafted by CHLP Executive Director Catherine Hanssens, who was rapporteur and a presenter for the High Level Policy Consultation, and Patrick Eba of UNAIDS.
The Declaration has not been endorsed by UNAIDS or other governmental attendees of the Consultation.